Frequently Asked Questions about Mesothelioma and Asbestos Exposure in New York
Information Provided by New York Mesothelioma Attorneys
What is asbestos?
Asbestos is a fiber that has historically been used to protect and insulate against fire. When released into the air, the fiber separates and invisible particles are inhaled. Although there are various forms of asbestos fibers, all of them can cause diseases, including mesothelioma.
Where is it found?
Asbestos is used primarily in areas of concentrated industry such as aluminum smelter operations, steel mills, railroads, shipyards, and construction sites, particularly those that have been in use since the 1970’s or before.
Why is asbestos dangerous?
Asbestos filters into the lungs and abdomen and makes it difficult to breathe. Eventually, cancer may grow in these areas of the body.
Do I have a case?
Timing is essential in cases of asbestos poisoning. Your case stands a greater chance if you contact a New York asbestos lawyer immediately after being diagnosed with an asbestos-related illness. If you or a loved one has been wrongfully injured due to asbestos, you should speak with one of our qualified New York mesothelioma attorneys today.
What if I've already settled a claim for asbestosis or pleural plaque in the past?
Even if you've already had an asbestos claim, you can pursue a new claim if you get cancer.
A second lawsuit is now allowed for people who received asbestos settlements in the past, and then later developed asbestos-related cancers, such as mesothelioma, lung, gastrointestinal, or throat cancer. The law now allows a new claim for cancer even if a person already settled claims for asbestosis or lung plaque in the past.
In the Pustejovsky case, Henry Pustejovsky was exposed to asbestos from 1954 to 1979 while employed as a metal pourer with ALCOA Aluminum in Rockdale, Texas.
The big question in the Pustejovksy case was whether a person could sue for scarring of the lungs (asbestosis) and then bring another suit later if the person developed a cancer.
The defense attorneys argued that the lawsuit for mesothelioma cancer was not allowed because the plaintiff had already sued for scarring of the lungs.
The Texas Supreme Court ruled that the plaintiff could pursue his case. The Supreme Court said: "...we conclude that the Plaintiff's prior asbestosis settlement DOES NOT bar Plaintiff's suit for mesothelioma. We hold that a person who sues on or settles a claim for a non-malignant asbestosis-related disease with one Defendant is not precluded from a subsequent action against another Defendant for a distinct malignant asbestos-related condition..."
If you, a loved one, or someone you know develops mesothelioma or another cancer even though there may have been previous claims for asbestosis or pleural plaque, you or they need to seek legal counsel as soon as possible. Our firm has been handling claims for over twenty-five years. Call us at   1-888-637-6347 and a New York asbestos lawyer will be happy to review any case or situation and provide you with professional insight.
Am I entitled to compensation?
Many companies have intentionally misinformed or held back information regarding asbestos. Some employees have worked for the same company for decades without being warned of the dangers. If you have been exposed to asbestos and have suffered an asbestos-related illness, you may be entitled to compensation.
How much can I expect to recover?
The amount of compensation is determined on a case-by-case basis and depends on the severity of the illness and the employer-employee relationship. If you feel you have a case, don’t wait. Speak with one of our qualified New York mesothelioma attorneys today.
Why choose us?
Our New York mesothelioma attorneys and staff have decades of experience in cases involving asbestos and related illnesses. We have a track record that speaks for itself and we are very serious about winning compensation for you. To learn more about the services we provide, contact a New York asbestos lawyer today. |
